Strata Titles Act 1985

Crest Western Australia

		Reprinted under the Reprints Act 1984 as
		at 25 July 2008

Western Australia

Strata Titles Act 1985

CONTENTS

Part I — Preliminary

1. Short title 2

2. Commencement 2

3. Terms used in this Act 2

3A. Single tier strata schemes to which section 3AB applies 10

3AB. Alternative boundaries for lots in single tier strata schemes 11

3AC. Meaning of “resolution without dissent” 12

3B. Special resolution of a strata company 13

3C. Supplementary provisions to sections 3AC and 3B 16

3CA. Certain resolutions deemed to be resolutions without dissent or special resolutions 17

3D. Unfinancial proprietors may vote in certain cases 18

Part II — Strata schemes and survey‑strata schemes

Division 1 — Creation of lots and common property

4. Subdivision into lots and common property 19

5. Strata plan: requirements 20

5A. Survey‑strata plan: requirements 21

5B. Further provisions as to registration of plans 22

5C. Management statement setting out by‑laws may be registered 22

5D. Creation of easements by notation on survey‑strata plans 23

5E. Provision on plan etc. overrides regulations as to easements24

5F. Variation or discharge of easements under section 5D 25

5G. Easement where common ownership 25

5H. Regulations as to easements 25

6. Strata/survey‑strata plan may restrict use of parcel or part of parcel 26

6A. Restrictions relating to retired persons 28

7. Structural erections, alterations and extensions restricted, strata schemes 28

7A. Structural erections, alterations and extensions restricted, survey‑strata schemes 30

7B. Further provisions as to approvals for purposes of sections 7 and 7A 31

8. Re‑subdivision within a scheme 33

8A. Requirements for plan of re‑subdivision 33

8B. Transfers etc. to give effect to plan 35

8C. Effect of registration of plan of re‑subdivision 36

9. Consolidation of lots 37

10. Conversion of lots into common property 38

11. Support and services 39

12. Shelter 40

12A. Access for maintenance where part of building intrudes into another lot 41

13. Ancillary rights 41

14. Unit entitlement of lots 41

15. Reallocation of unit entitlement by resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme)42

16. Reallocation of unit entitlement by State Administrative Tribunal 44

Division 2 — Common property

17. Ownership of common property 46

18. Acquisition of additional common property 46

19. Transfer or lease of common property 48

20. Creation of easements and covenants 51

21. Encroachments treated as common property 52

Division 2A — Merger of common property into lots in certain strata schemes

Subdivision 1 — Preliminary

21A. Term used in this Division 53

21B. Division only applies to single tier strata schemes 53

21C. Procedures cannot be invoked more than once 53

21D. Saving 54

Subdivision 2 — Merger by resolution of buildings that are common property

21E. Application 54

21F. Resolution by strata company 54

21G. Lodgement of notice of resolution for registration 55

21H. Registration of notice of resolution 55

21I. Effect of registration 56

21J. Registrar of Titles to amend strata plan 56

Subdivision 3 — Automatic merger of buildings that are common property

21K. Terms used in this Subdivision 56

21L. Application 57

21M. Automatic application of lot boundaries under section 3AB 57

21N. Plan to be noted 57

21O. Objection by proprietor 58

Subdivision 4 — Merger by resolution of land that is common property

21P. Application 58

21Q. Resolution by strata company 58

21R. Further provisions as to contents of resolution 59

21S. Notice of resolution may be lodged for registration 60

21T. Documents to accompany notice 60

21U. Certificate of licensed surveyor 61

21V. Transfers etc. to give effect to notice of resolution 63

21W. Creation of easements for parking etc. 64

21X. Registration of notice of resolution 64

21Y. Effect of registration 64

21Z. Registrar of Titles to make necessary amendments 65

Division 3 — Certificates and approvals

22. Certificate of licensed surveyor 66

23. Certificate of local government 67

24. Preliminary determinations by local government 69

25. Certificate of Commission 71

25A. Commission to refer plan to other bodies in certain cases 72

25B. Subdivision in survey‑strata scheme requires approval by Commission 73

26. Review of local government decision 74

27. Review of Commission decision 77

Part III — Variation, termination and conversion of schemes

Division 1 — Variation of schemes

28. Variation of strata scheme upon damage or destruction of building 79

29. Variation of strata scheme upon taking 81

29A. Variation of survey‑strata scheme on resumption 81

29B. Lodgement of documents with Registrar following partial taking in strata scheme 83

Division 2 — Termination of schemes

29C. Termination of scheme by resumption 84

30. Termination of strata scheme by unanimous resolution 84

30A. Termination of survey‑strata scheme by unanimous resolution 85

31. Termination of scheme by order of District Court 86

Division 3 — Conversion of strata schemes to survey‑strata schemes

31A. Division only applies to single tier strata schemes registered before 1 January 1998 89

31B. Saving 89

31C. Resolution by strata company 89

31D. Notice of resolution may be lodged for registration 90

31E. Documents to accompany notice 90

31F. Certificate of licensed surveyor 91

31G. Creation of easements 93

31H. Transfers etc. to give effect to resolution 93

31I. Registration of notice of resolution 94

31J. Effect of registration 94

31K. Registrar of Titles to make necessary amendments 95

Part IV — Management

Division 1 — Strata companies

32. Incorporation of proprietors 96

33. Strata company is representative of proprietors in proceedings 97

34. Contract formalities 97

35. Duties of strata companies 98

35A. Roll to be kept by strata company 100

36. Levy of contributions on proprietors 101

36A. Certain provisions do not apply to companies for two‑lot schemes 103

36B. Certain provisions may be excluded for 3, 4 or 5 lot schemes104

37. Powers of strata company 105

38. Power of strata company to carry out work 106

39. Power of strata company to enter 107

39A. Power to terminate certain contracts for services 108

40. Change of strata company’s address for service 110

41. Change of name of strata company 110

42. By‑laws 111

42A. By‑laws may provide for penalties 116

42B. By‑laws may provide for different basis for levying contributions 116

42C. Transitional provision 116

43. Supply of information and certificates by strata company 117

Division 2 — Councils

44. Functions of councils 120

45. Corporate body may be chairman, secretary, treasurer or council member 121

46. Performance of functions where no council or no quorum 121

47. Restrictions on powers of expenditure 121

48. Recovery of books and records by council 123

Division 3 — Meetings

49. First annual general meeting 124

50. Voting at meetings 125

50A. Disqualification from voting as proxy 126

50B. Quorum for meeting of strata company for two‑lot scheme127

51. Relief where unanimous resolution or resolution without dissent required 127

51A. Relief where unanimous resolution required for two‑lot scheme 128

52. Performance of functions by proprietors in general meeting129

Division 4 — Insurance

Subdivision 1 — Preliminary

53. Terms used in this Division 129

Subdivision 2 — Insurance in single tier strata schemes

53A. Application of this Subdivision 131

53B. Insurance for lots in single tier strata schemes 131

53C. Insurance for common property in single tier strata schemes132

53D. Strata company’s obligations where it has an insurance function in single tier strata schemes133

53E. Recovery of premium by strata company where no administrative fund in single tier strata schemes134

Subdivision 3 — Insurance in schemes other than single tier strata schemes

54. Insurance of buildings and strata companies 135

Subdivision 4 — Insurance provisions applicable to all schemes

54A. Where insurance cover refused, proprietor may be required to take action 136

55. Further insurance by strata company 137

55A. Proprietor liable for increased insurance premium in certain cases 137

56. Insurance by proprietor 138

56A. Proprietor may insure if strata company in default 138

57. Insurance of mortgaged lot 138

58. Insurable interest 140

59. Application of insurance moneys to rebuilding 140

Division 5 — Rates, taxes and charges

60. Delivery of plans to authorities 140

61. Particulars on plan to be conclusive for rating and taxing purposes 141

62. Rating on unimproved value 141

62A. Rating for survey‑strata schemes 143

63. Rating on gross rental value 144

64. Proprietor may seek a review of unimproved value of parcel144

65. Land tax and metropolitan region improvement tax 145

65A. Land tax etc. for survey‑strata schemes 146

66. Charges for water supplied 146

Part V — Protection of purchasers

68. Terms used in this Part 147

69. Information to be given to purchaser 147

69A. Notifiable information, to be given by every vendor 148

69B. Notifiable information to be given by original proprietor in certain cases 148

69C. Vendor to inform purchaser of full particulars of notifiable variation 150

69D. When purchaser may avoid contract 151

69E. Effect of avoidance 153

70. Holding of deposit and other contract moneys when a lot is pre‑sold 153

70A. Contracting out prohibited 155

70B. Saving 155

Part VI — Resolution of disputes

Division 2 — Applications for orders

77. How applications are made 156

77B. Disputes procedures for scheme to be followed 156

78. State Administrative Tribunal may inspect certain records 156

79. Notice of application to be given 157

Division 3 — Orders by State Administrative Tribunal

81. Orders under this Division 157

82. Interim orders 159

83. General powers of State Administrative Tribunal to make orders 160

84. Further powers of State Administrative Tribunal 161

85. Order with respect to certain consents affecting common property 162

86. Order with respect to acquisition of personal property 162

87. Order to acquire personal property 163

88. Order to make or pursue insurance claim 163

89. Order varying certain rates of interest 164

90. Order to supply information or documents 164

91. Order relating to animal kept contrary to by‑laws 165

92. Order relating to animal kept pursuant to by‑laws 165

93. Order relating to by‑laws 166

94. Order granting certain licence 167

95. State Administrative Tribunal may make certain by‑laws 168

97. Power of State Administrative Tribunal to invalidate a resolution or election 168

98. Order authorising application to State Administrative Tribunal 169

99. Order for variation or manner of payment of contributions169

99A. Order fixing different basis for levying contributions 170

100. Order where voting rights denied or due notice of item of business not given 172

101. Order varying amount of insurance to be provided 173

102. Order appointing administrator 173

103. Order calling first annual general meeting of strata company175

103A. Order for compliance, despite section 36A 177

103B. Order to enable quorum in two‑lot scheme 177

103C. Order making resolution for two‑lot scheme 178

103D. Order cancelling special resolution 178

103E. Order for termination of contract for services to strata company 179

103F. Order dispensing with approval under section 7(2) 180

103G. Order granting relief for breach of section 7(2) 181

103H. Order for variation of unit entitlement 182

103I. Order for payment of penalty 184

103J. Order for exemption from section 54 or 55(1) 184

103K. Order for compliance with section 54A 185

103L. Order to contribute to insurance premium paid by proprietor187

103M. Order as to resolution under section 21F or 21Q 188

103N. Order for extension of period for reinstatement of building under section 3AB(2) 189

103O. Order for extension of period for reinstatement of building under regulations 189

103P. Order reversing the effect of section 21M 190

103Q. Order rectifying failure to give notice under section 123A 192

103R. Order rectifying failure to give notice under section 123C 193

104. Copy of order to be served 194

Division 4 — Appeals

111. Expenses of strata company on appeal 195

113. Copy of order to be served 195

Division 5 — Miscellaneous

114. Effect of certain orders 196

115. Recording of certain orders 197

121. State Administrative Tribunal not to have jurisdiction where title to land in question 198

Part VII — Miscellaneous

122. Other rights and remedies not affected by this Act 199

122A. Caravan and camping areas not to be subdivided 199

123. Dividing fences 200

123A. Transitional provision as to dividing fences 200

123B. Internal fencing 202

123C. Transitional provision as to internal fencing 202

124. Notice of application for order under section 28, 29 or 31 204

125. Service of documents on strata company, proprietors and others 204

126. Powers of entry by public authority or local government 206

127. Service of orders by public authority or local government 206

129. Procedure upon application to District Court 207

129A. Correction of errors by Registrar 207

129B. Delegation by Commissioner of Titles 208

129C. Delegation by Registrar of Titles 209

129D. Money received by Registrar 209

130. Regulations 210

131. Repeal 211

132. Transitional and savings 211

Schedule 1 — By‑laws

1. Duties of proprietor, occupiers etc. 212

2. Power of proprietor to decorate etc. 213

3. Power of strata company regarding submeters 213

4. Constitution of the council 214

5. Election of council 216

6. Chairman, secretary and treasurer of council 218

7. Chairman, secretary and treasurer of strata company 218

8. Meetings of council 219

9. Powers and duties of secretary of strata company 219

10. Powers and duties of treasurer of strata company 220

11. General meetings of strata company 220

12. Proceedings at general meetings 221

13. Restriction on moving motion or nominating candidate 223

14. Votes of proprietors 223

15. Common seal 224

Schedule 2

1. Vehicles 225

2. Obstruction of common property 225

3. Damage to lawns etc. on common property 225

4. Behaviour of proprietors and occupiers 225

5. Children playing upon common property in building 225

6. Depositing rubbish etc. on common property 226

7. Drying of laundry items 226

8. Storage of inflammable liquids etc. 226

9. Moving furniture etc. on or through common property 226

10. Floor coverings 227

11. Garbage disposal 227

12. Additional duties of proprietors, occupiers etc. 227

13. Notice of alteration to lot 228

14. Appearance of lot 228

Schedule 2A — Matters that may be provided for in management statement

Schedule 3 — Transitional and savings provisions

1. Terms used in this Schedule 231

2. Registration of unregistered former strata plans 232

3. Former lots and former common property to be derived lots and derived common property 234

4. Continuation of companies 235

5. Continuation of estates or interests in former lots and former common property and rights in former common property235

6. Application of Act to former strata schemes, former parcels, derived lots and common property236

7. Registration of transfers or leases of derived common property registrable under section 10 of former Act236

8. Reallocation of unit entitlement 237

9. General meetings of certain continued companies 237

10. Meetings of former companies held within 2 months after appointed day 239

11. Notices served by public or local government authority before the appointed day 239

12. Effect of former by‑laws 239

13. Maintenance of exclusive use, or special privileges in respect of common property 242

13A. Exclusive use and privileges to lapse unless provided for by by‑law or State Administrative Tribunal’s order242

13B. Strata companies to notify proprietors of operation of clause 13A 244

14. Recovery of contributions levied under former Acts 245

15. Modification of section 35(1)(j) in relation to companies 245

16. Inspection of former records etc. 245

17. Administrative funds of continued companies 246

18. Modification of section 43(1)(c) in relation to continued companies 246

19. Continuation of councils of former companies 246

20. Operation of by‑law 1, Part I of Schedule 1 247

21. Modification of Part IV, Division 4 247

22. Evidentiary effect under section 61 of particulars furnished under section 21(3) of former Act247

23. Destruction of or damage to building under former Act 248

24. Administrators under former Act 248

25. Recovery of rates paid by company 249

26. Regulations — Transitional 249

Schedule 4 — Transitional provisions for by‑laws of strata companies other than companies to which Schedule 3 applies

1. Terms used in this Schedule 250

2. Transitional provisions 250

Notes

Compilation table 252

Provisions that have not come into operation 255

Defined Terms

		Reprinted under the Reprints Act 1984 as
		at 25 July 2008

Western Australia

Strata Titles Act 1985

An Act to facilitate the horizontal and vertical subdivision of land and the disposition of titles thereto, to provide for incidental and connected purposes and to repeal the Strata Titles Act 1966.

[Long title amended by No. 58 of 1995 s. 4.]

Part I — Preliminary

1. Short title

This Act may be cited as the Strata Titles Act 1985 1.

2. Commencement

This Act shall come into operation on a day to be fixed by proclamation 1.

3. Terms used in this Act

(1) In this Act unless the contrary intention appears —

administrator means an administrator appointed by the State Administrative Tribunal under section 102;

Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;

building means a building or buildings shown on a strata plan;

Commission means Western Australian Planning Commission established under the Planning and Development Act 2005;

common property means —

(a) so much of the land comprised in a strata plan as from time to time is not comprised in a lot shown on the plan;

(b) any leasehold interest acquired by a strata company under section 18; and

council means the council of a strata company constituted or deemed to have been constituted under this Act;

floor includes a stairway or ramp;

floor area in relation to a cubic space, means the area occupied on a horizontal plane by the base of that cubic space;

floor plan means a plan, consisting of one or more sheets, which —

(a) defines by lines (in paragraph (c) referred to as base lines) the base of each vertical boundary of every cubic space forming the whole of a proposed lot, or the whole of any part of a proposed lot, to which the plan relates;

(b) shows —

(i) the floor area of any such cubic space; and

(ii) where any such cubic space forms part only of a proposed lot, the aggregate of the floor areas of every cubic space that forms part of the proposed lot;

and

(c) where proposed lots or parts thereof to which the plan relates are superimposed on other proposed lots or parts thereof to which the plan relates —

(i) shows the base lines in respect of the proposed lots or parts thereof that are so superimposed separately from those in respect of the other proposed lots or parts thereof upon which they are superimposed; and

(ii) specifies, by reference to floors or levels, the order in which that superimposition occurs;

land means land that is under the operation of the Transfer of Land Act 1893 and held by the registered proprietor of the land in fee simple;

licensed surveyor means a surveyor licensed under the Licensed Surveyors Act 1909;

licensed valuer means a licensed valuer licensed under the Land Valuers Licensing Act 1978;

local government means the local government of the district in which the parcel in question is situated;

location plan, in relation to a strata plan, means a plan, consisting of one or more sheets, which relates to land and delineates the perimeter of that land and, in relation to that perimeter, the location of any building erected on that land and of any proposed lots or part of proposed lots not within any such building;

lot, in relation to a strata scheme, means one or more cubic spaces forming part of the parcel to which a strata scheme relates, the base of each such cubic space being designated as one lot or part of one lot on the floor plan forming part of the strata plan, plan of re‑subdivision or plan of consolidation to which that strata scheme relates, being in each case, but subject to section 3AB, cubic space the base of whose vertical boundaries is as delineated on a sheet of that floor plan and which has horizontal boundaries as ascertained under subsection (2), but does not include any structural cubic space except where —

(a) the boundaries of the cubic space are fixed under section 3AB; or

(b) the boundaries are not so fixed and that structural cubic space —

(i) has boundaries described in accordance with the regulations; and

(ii) is shown in that floor plan as part of a lot;

lot, in relation to a survey‑strata scheme, means land that is shown as a lot consisting of one or more parts on the plan for that scheme, but does not include —

(a) a lot shown as common property; or

(b) land shown as being set aside for a road or reserve;

mortgage includes a charge for securing money or money’s worth;

occupier in relation to a lot, means a person in lawful occupation of that lot;

open space means the area of a lot that is not occupied by any building and is to be calculated in such manner as is prescribed;

original proprietor in relation to a scheme, means the person by whom the parcel that is the subject of that scheme is held in fee simple at the time of registration of the strata/survey‑strata plan to which the scheme relates;

parcel means the land comprised in a strata/survey‑strata plan;

permitted boundary deviation for the purposes of the definition of “single tier strata scheme” and other provisions, means a part of a lot that is above or below another lot in circumstances allowed by the regulations;

person concerned means —

(a) a person appearing by the Register to have an estate or interest in the common property; and

(b) a person having an estate or interest (other than a charge for a tax, rate or other statutory liability) that has been notified to the strata company;

plot ratio, in relation to a lot or parcel, means the ratio of the gross total of the areas of all floors in any building on the lot or parcel to the area of the lot or parcel, and is to be calculated in such manner as is prescribed;

prescribed means prescribed by regulations;

proprietor means the person who is for the time being registered under the Transfer of Land Act 1893 as proprietor of an estate in fee simple or an estate for life in a lot;

Registrar of Titles means the person who is Registrar of Titles under the Transfer of Land Act 1893 and includes any person who is an Assistant Registrar under that Act;

resolution without dissent means a resolution that complies with sections 3AC and 3C and also has the meaning given by section 3CA;

re‑subdivision has the meaning given by subsection (5) and section 8(1);

scheme means a strata scheme or a survey‑strata scheme;

single tier strata scheme means a strata scheme —

(a) in which no lot or part of a lot is above or below another lot; or

(b) which comes within paragraph (a) except for any lot that has a permitted boundary deviation;

special resolution means a resolution that complies with sections 3B and 3C and also has the meaning given by section 3CA;

strata company means a body corporate constituted under section 32 whether for a strata scheme or a survey‑strata scheme;

strata/survey‑strata plan means a strata plan or a survey‑strata plan;

strata plan has the meaning given by section 4(1a);

strata scheme means —

(a) the manner of division, from time to time, of a parcel into lots or into lots and common property under a strata plan and the manner of the allocation, from time to time, of unit entitlements among the lots; and

(b) the rights and obligations, between themselves, of proprietors, other persons having proprietary interests in or occupying the lots and the strata company, as conferred or imposed by this Act or by anything done under the authority of this Act and as in force from time to time;

structural cubic space means —

(a) cubic space occupied by a vertical structural member, not being a wall, of a building;

(b) any pipes, wires, cables or ducts in a building; and

but, except where section 3AB applies, does not include any pipes, wires, cables or ducts that are for the exclusive use or enjoyment of one lot;

survey‑strata plan has the meaning given by section 4(1b);

survey‑strata scheme means —

(a) the manner of division, from time to time, of a parcel into lots or into lots and common property under a survey‑strata plan and the manner of the allocation, from time to time, of unit entitlements among the lots; and

take, taken and taking have the same meanings as they have for the purposes of Parts 9 and 10 of the Land Administration Act 1997 and include a reference to the compulsory acquisition of land under any Act of the Commonwealth authorising the compulsory acquisition of land;

two‑lot scheme means —

(a) a strata scheme in which there are not more than 2 lots; or

(b) a survey‑strata scheme in which there are not more than 2 lots, not including lots designated as common property lots;

unanimous resolution means —

(a) a resolution that is passed unanimously at a duly convened general meeting of the strata company —

(i) of which at least 14 days’ notice specifying the proposed resolution has been given; and

(ii) at which all persons entitled to exercise the powers of voting conferred under this Act are present and vote, either personally or by proxy;

(b) a resolution that is passed unanimously at a duly convened general meeting of the strata company by every person entitled to exercise the powers of voting conferred under this Act who is present and votes either personally or by proxy and agreed to, in writing signed by him, within 28 days after the day of the meeting by every other person who was entitled to exercise the powers of voting conferred under this Act at the meeting, or by every person who at the time of his signature was entitled to exercise those powers in place of such other persons;

unit entitlement in respect of a lot, means the unit entitlement of that lot shown on the schedule of unit entitlement registered with the Registrar of Titles;

wall includes a door, window or other structure dividing a lot from common property or from another lot.

(2) Except where section 3AB applies, the boundaries of any cubic space referred to in paragraph (a) of the definition of “floor plan” in subsection (1) —

(a) except as provided in paragraph (b) —

(i) are in the case of a vertical boundary, where the base of any wall corresponds substantially with any line referred to in paragraph (a) of that definition — the inner surface of that wall; and

(ii) are, in the case of a horizontal boundary, where any floor or ceiling joins a vertical boundary of that cubic space — the upper surface of that floor and the under surface of that ceiling;

(b) are such boundaries as are described on a sheet of the floor plan relating to that cubic space (those boundaries being described in the prescribed manner by reference to a wall, floor or ceiling in a building to which that plan relates or to structural cubic space within that building).

(2a) Notwithstanding subsection (2), where —

(a) a strata plan creates a boundary external to a building; or

(b) other prescribed circumstances apply,

the floor plan may include dimensions or survey information defining that boundary, in the prescribed manner, by reference to the parcel boundary.

(3) A reference in this Act to cubic space includes a reference to space contained in any three‑dimensional geometric figure which is not a cube.

(4) The fact that any boundary is defined in a plan in terms of or by reference to —

(a) a wall that is not vertical; or

(b) a floor or ceiling that is not horizontal,

does not prevent that plan from being a floor plan.

(5) A reference in this Act to a re‑subdivision of a lot or common property is a reference to the alteration of the boundaries of —

(a) one or more lots so as to create only 2 or more different lots;

(b) one or more lots so to create one or more different lots and common property;

(c) one or more lots and common property so as to create one or more different lots or one or more different lots and common property; or

(d) common property so as to create one or more lots,

but does not include a reference to the consolidation of 2 or more lots into one lot or the conversion of one or more lots into common property.

(6) Except in so far as the context or subject‑matter otherwise indicates or requires, it is a sufficient compliance with any provision of this Act requiring an instrument to be accompanied by another instrument if that other instrument is endorsed on the first‑mentioned instrument.

[Section 3 amended by No. 84 of 1994 s. 46(12); No. 58 of 1995 s. 5 2, 95 and 96; No. 14 of 1996 s. 4; No. 61 of 1996 s. 4 and 5; No. 79 of 1996 s. 28; No. 81 of 1996 s. 153(1); No. 74 of 2003 s. 112(2), (3); No. 55 of 2004 s. 1107 and 1156(1); No. 38 of 2005 s. 15; No. 60 of 2006 s. 160(2).]

3A. Single tier strata schemes to which section 3AB applies

(1) Section 3AB fixes the boundaries of lots and parts of lots, other than boundaries that are external to a building, for single tier strata schemes in the following cases —

(a) for a scheme the strata plan for which is registered —

(i) on or after the commencement of section 6 of the Strata Titles Amendment Act 1996; and

(ii) before 1 January 1998,

unless the plan provides that section 3AB does not apply to it;

(b) for a scheme in respect of which —

(i) a notice of resolution has been registered under section 21H; or

(ii) section 21M has effect (but subject to any order under section 103P),

including any lot or part of a lot in such a scheme the boundaries of which are amended by registration of a notice of resolution under section 21X;

(i) stated on the plan to be those provided for by section 3(2)(a); or

(ii) are fixed by a description shown on the plan under section 3(2)(b).

(2) Section 3AB also fixes the boundaries of lots or parts of lots, other than boundaries that are external to a building, created by way of re‑subdivision or consolidation in a scheme to which subsection (1) applies.

[Section 3A inserted by No. 61 of 1996 s. 6.]

3AB. Alternative boundaries for lots in single tier strata schemes

(1) Where this section applies the boundaries of any cubic space referred to in paragraph (a) of the definition of “floor plan” in section 3(1) are, regardless of the exact location of the lines referred to in that paragraph —

(a) the external surfaces of the building occupying the area represented on that floor plan —

(i) including any thing that —

(I) is attached to and projects from the building; and

(II) is prescribed by the regulations to be included as part of a lot;

but

(ii) excluding any thing that is prescribed by the regulations not to be included as part of a lot;

(b) despite paragraph (a), where 2 lots —

(i) have a common or party wall, the centre plane of that wall; or

(ii) have buildings on them that are joined, the plane or planes at which they are joined.

(2) If under subsection (1) —

(a) the boundary of a lot is a part of a building that constitutes a permitted boundary deviation; and

(b) the part is destroyed and is not reinstated within one year, or a longer period allowed under section 103N, after the destruction,

the boundary referred to in paragraph (a) ceases to apply on the expiry of that period and the boundary in question becomes a vertical plane from the base line shown on the strata plan.

(3) Nothing in this section applies to a boundary of a lot or a part of a lot that is external to a building.

(4) Where this section applies it —

(a) displaces the operation of section 3(2)(a); but

(b) does not affect the operation of subsection (2)(b) of that section.

[Section 3AB inserted by No. 61 of 1996 s. 6; amended by No. 55 of 2004 s. 1157.]

3AC. Meaning of “resolution without dissent”

(1) For the purposes of this Act a resolution without dissent is a resolution —

(a) passed at a duly convened general meeting of the strata company of which sufficient notice (as defined by section 3C) has been given and at which a sufficient quorum (as so defined) is present; and

(b) against which no vote is cast by a person entitled to exercise the powers of voting on the resolution conferred under this Act —

(i) voting at the meeting either personally or by proxy; or

(ii) voting in accordance with subsection (2).

(2) A person entitled to exercise the powers of voting conferred under this Act is also to be taken to vote —

(a) in support of a resolution if he signifies in writing served in accordance with subsection (3) that he agrees to the resolution; or

(b) against the resolution if he signifies in writing served in accordance with subsection (3) that he disagrees with the resolution,

within 28 days after the day of the meeting, whether that writing is signed by the person or by another person who at the time of the signing is entitled to exercise the power of voting in place of that person.

(3) The writing referred to in subsection (2) is not effective unless it is served —

(a) on the strata company; or

(b) where under section 36A or 36B a roll is not maintained by the strata company, on the other proprietors.

[Section 3AC inserted as section 3A by No. 58 of 1995 s. 6; renumbered as section 3AC by No. 61 of 1996 s. 5.]

3B. Special resolution of a strata company

(1) For the purposes of this Act a special resolution of a strata company shall be passed at a duly convened general meeting —

(a) of which sufficient notice (as defined by section 3C) has been given; and

(b) without limiting subsection (5), at which a sufficient quorum (as defined by section 3C) is present.

(2) Except where subsection (3) applies, a special resolution is passed if —

(a) it is supported by votes, within the meaning in subsections (4) and (5) —

(i) having a value of not less than 50% of the aggregate unit entitlement of the lots in the scheme; and

(ii) of the proprietors of not less than 50% of the lots in the scheme;

and

(b) the votes, within the meaning in subsections (4) and (5), against the resolution —

(i) do not have a value of 25% or more of the aggregate unit entitlement of the lots in the scheme; or

(ii) are not cast by the proprietors of 25% or more of the lots in the scheme.

(3) A special resolution is passed in the case of a strata company for a scheme in which there are no more than the following number of lots, if it is supported by the votes, within the meaning in subsections (4) and (5), of the following number of proprietors —

(a) 3 lots, the votes of the proprietors of not less than 2 of the lots;

(b) 4 lots, the votes of the proprietors of not less than 3 of the lots; or

and if those votes have a value of not less than 50% of the aggregate unit entitlement of the lots.

(4) References in subsections (2) and (3) to votes are to the votes of persons entitled to exercise the powers of voting conferred under this Act voting at the meeting either personally or by proxy.

(5) Despite subsection (4), a person entitled to exercise the powers of voting conferred under this Act is also to be taken to vote —

(a) in support of a resolution if he signifies in writing served in accordance with subsection (6) that he agrees to the resolution; or

(b) against the resolution if he signifies in writing served in accordance with subsection (6) that he disagrees with the resolution,

(6) The writing referred to in subsection (5) is not effective unless it is served —

(a) on the strata company; or

(b) where under section 36A or 36B a roll is not maintained by the strata company, on the other proprietors.

(7) A special resolution referred to in subsection (3) does not have effect —

(a) until the expiration of the period referred to in section 103D(2); or

(b) if an application is made for an order under that section, until the application is dismissed, or withdrawn; or

(c) if the State Administrative Tribunal refuses to make the order, until the time for appeal against the refusal has expired or any appeal has been dismissed or withdrawn or determined in such a way that an order under section 103D is not made.

(8) In subsection (3) lot does not include a lot in a survey‑strata scheme that is designated as a common property lot.

[Section 3B inserted by No. 58 of 1995 s. 6; amended by No. 55 of 2004 s. 1108 and 1156(3).]

3C. Supplementary provisions to sections 3AC and 3B

(1) For the purposes of sections 3AC and 3B —

(a) a sufficient notice of a meeting is given if at least 14 days’ notice specifying the proposed resolution has been given;

(b) a sufficient quorum is present if there are present at the meeting either personally or by proxy at the time when the resolution is voted on —

(i) the proprietors of not less than 50% of the lots in the scheme; and

(ii) proprietors whose votes have a value of not less than 50% of the aggregate unit entitlement of the lots in the scheme;

and

(c) the value of a vote cast by a proprietor of a lot entitled to vote in respect of that lot is equal to the unit entitlement of that lot.

(2) If a resolution specified in a notice of a meeting is passed with amendment at the meeting the strata company shall, not later than 7 days after the meeting, serve a copy of the amended resolution on each proprietor who was not present at the meeting either personally or by proxy at the time when the resolution was voted on.

(3) If subsection (2) is not complied with the amended resolution is of no effect.

(4) If subsection (2) applies, the right to vote conferred by section 3AC(2) or 3B(5) may be exercised in respect of the amended resolution.

[Section 3C inserted by No. 58 of 1995 s. 6; amended by No. 61 of 1996 s. 5.]

3CA. Certain resolutions deemed to be resolutions without dissent or special resolutions

(1) Where under this Act a thing may be done or a result occurs only if a strata company has passed a resolution without dissent in respect of a matter, the thing may be done or the result occurs if the strata company has passed any of the following resolutions in respect of the matter —

(a) a unanimous resolution passed before the commencement of the Strata Titles Amendment Act 1995;

(b) a resolution expressed to be a resolution without dissent but passed in such a manner as to satisfy the requirements of this Act for a unanimous resolution; or

(2) Where a resolution comes within subsection (1)(b), section 3C(2) and (3) do not apply.

(3) Where under this Act a thing may be done or a result occurs only if a strata company has passed a special resolution in respect of a matter, the thing may be done or the result occurs if the strata company has passed any of the following resolutions in respect of the matter —

(a) a unanimous resolution passed before the commencement of the Strata Titles Amendment Act 1995;

(b) a resolution expressed to be a special resolution but passed in such a manner as to satisfy the requirements of this Act for a unanimous resolution; or

(4) Where a resolution comes within subsection (3)(b), section 3B(5), (6) and (7) do not apply.

[Section 3CA inserted by No. 61 of 1996 s. 7.]

3D. Unfinancial proprietors may vote in certain cases

Despite anything in the by‑laws of the strata company, a proprietor is entitled to exercise his powers of voting on a matter requiring a unanimous resolution or a resolution without dissent even though all contributions payable in respect of his lot have not been duly paid or other moneys recoverable under the Act by the strata company from him have not been paid.

[Section 3D inserted by No. 58 of 1995 s. 6.]

Part II — Strata schemes and survey‑strata schemes

[Heading inserted by No. 58 of 1995 s. 7.]

Division 1 — Creation of lots and common property

4. Subdivision into lots and common property

(1) Land may be subdivided into lots, or lots and common property, by the registration of a strata plan or a survey‑strata plan.

(1a) A strata plan is a plan that —

(a) is described as such in its title or heading;

(b) shows the whole or any part of the land comprised in the plan as being divided into 2 or more lots; and

and includes any amendment duly made to that plan.

(1b) A survey‑strata plan is a plan that —

(a) is described as such in its title or heading;

(b) shows the whole or any part of the land comprised in the plan as being divided into 2 or more lots; and

and includes any amendment duly made to that plan.

(1c) Except as otherwise allowed by the regulations, a lot can only be created in a survey‑strata scheme as a cubic space lot (limited in height and depth) if the balance of the land above and below the lot is common property.

(2) Where a strata/survey‑strata plan is registered under this Act, the lots comprised in the plan, or any one or more of them, may devolve or be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as land held under the provisions of the Transfer of Land Act 1893.

(3) A strata/survey‑strata plan shall, for the purposes of the Transfer of Land Act 1893, be deemed upon registration under this Act to be embodied in the Register; and notwithstanding the provisions of that Act, a proprietor shall hold his lot and share in the common property subject to —

(a) any interests for the time being notified on the registered strata/survey‑strata plan; and

(b) any amendments to lots or common property shown on that plan.

(4) Where a strata/survey‑strata plan is registered under this Act, a memorial shall be entered on the certificate of title relating to the parcel and thereupon the Registrar of Titles may create and register a separate certificate of title for each lot together with the share of common property appurtenant to that lot.

(5) Easements and restrictions as to use implied or created by this Act, other than an easement created by section 5D, shall take effect without any memorial or notification in the Register in relation to the dominant or servient tenements and without any express indication of those tenements.

(6) Subject to this section, any transfer, lease, mortgage or other dealing affecting a lot has the same effect in relation to the lot as a similar dealing affecting a lot on a plan of subdivision lodged pursuant to section 166 of the Transfer of Land Act 1893 has in relation to such a lot.

[Section 4 amended by No. 58 of 1995 s. 8 and 95; No. 61 of 1996 s. 8; No. 81 of 1996 s. 153(1).]

5. Strata plan: requirements

(1) A strata plan shall —

(a) consist of a location plan and a floor plan in respect of the parcel;

(aa) where section 3(2)(a) or 3AB applies, contain a statement in the prescribed form describing all of the boundaries of a lot, or part of a lot, on the plan that are fixed by reference to a building or part of a building;

(b) bear a statement containing such particulars as may be necessary to identify the title to the parcel;

(c) be accompanied by a schedule specifying, in a whole number, the proposed unit entitlement in respect of each lot into which the parcel is to be subdivided and specifying also the proposed aggregate unit entitlement;

(d) have endorsed on it the name of the scheme;

(e) have endorsed on it the address of the parcel; and

(f) contain such other features as may be prescribed.

[(2) repealed]

[Section 5 amended by No. 84 of 1994 s. 46; No. 58 of 1995 s. 9; No. 61 of 1996 s. 9.]

5A. Survey‑strata plan: requirements

A survey‑strata plan shall —

(a) contain a survey plan in respect of the parcel, that is a plan that defines, in the prescribed manner, the boundaries of lots and common property by dimensions and survey information obtained from a survey of the parcel;

(b) bear a statement containing such particulars as may be necessary to identify the title to such parcel;

(d) be accompanied by a schedule specifying, in a whole number, the proposed unit entitlement in respect of each lot into which the parcel is to be subdivided and specifying also the proposed aggregate unit entitlement;

(e) have endorsed on it the name of the scheme;

(f) have endorsed on it the address of the parcel; and

(g) contain such other features as may be prescribed.

[Section 5A inserted by No. 58 of 1995 s. 10.]

5B. Further provisions as to registration of plans

(1) A strata/survey‑strata plan lodged for registration shall be accompanied by certificates given by —

(a) a licensed surveyor in accordance with section 22;

(b) a licensed valuer in accordance with section 14(2); and

(i) where required under section 25(1), in the case of a strata plan; or

(ii) in the case of a survey‑strata plan, under section 25B(2).

(2) A strata plan lodged for registration shall be accompanied by a certificate given by the local government in accordance with section 23.

(3) A strata/survey‑strata plan shall not be registered if, in the opinion of the Registrar of Titles, the name of the scheme endorsed on the plan is undesirable.

(4) When a strata/survey‑strata plan is lodged for registration the Registrar of Titles shall allocate a number to the plan, and, if it complies with this Act and the regulations, shall register it in the prescribed manner.

[Section 5B inserted by No. 58 of 1995 s. 10; amended by No. 57 of 1997 s. 115(1).]

5C. Management statement setting out by‑laws may be registered

(1) When a strata/survey‑strata plan is lodged for registration a management statement —

(a) that is in the prescribed form; and

(b) that complies with subsection (3),

may be lodged for registration with it.

(2) A management statement is a document setting out —

(a) by‑laws of the strata company that are to have effect under sections 42, 42A and 42B; and

(b) amendments and repeals referred to in section 42(2),

and may include by‑laws in relation to any matter specified in Schedule 2A.

(3) A management statement shall be signed by —

(a) the person who is registered as proprietor of the fee simple of the parcel; and

(b) each person who has a registered interest in, or is a caveator in respect of, the parcel.

[(4) repealed]

(5) Upon registration of a management statement, the by‑laws set out in the statement, and any amendments and repeals, have effect for the purposes of section 42.

(6) By‑laws set out in a management statement may be amended in accordance with section 42 or as otherwise provided by this Act.

[Section 5C inserted by No. 58 of 1995 s. 10; amended by No. 61 of 1996 s. 10.]

5D. Creation of easements by notation on survey‑strata plans

(1) A survey‑strata plan lodged for registration may, in accordance with this section, provide for easements that will have effect on registration of the plan.

(2) An easement that may be provided for under this section on a survey‑strata plan is an easement —

(a) of a kind prescribed by the regulations made for the purposes of section 5H; and

(b) having effect in favour of a lot (the dominant lot), and against another lot (the servient lot), in the scheme to which the plan relates.

(3) An easement under this section is created on the registration of the plan if there are noted on the plan —

(a) the location of the easement;

(b) the dominant and servient lots; and

(c) a specification of the easement by use of the short form description prescribed by the regulations for that kind of easement.

(4) A notation under subsection (3)(a) or (b) is to be in accordance with the regulations.

(5) This section is in addition to any other method by which an easement may be created in respect of lots in a survey‑strata scheme.

[Section 5D inserted by No. 61 of 1996 s. 11.]

5E. Provision on plan etc. overrides regulations as to easements

(1) To the extent allowed by the regulations provision may be made by —

(a) notation on a survey‑strata plan; or

(b) memorial or other instrument lodged with such a plan,

for any term, condition or provision of or in relation to an easement under section 5D.

(2) The fact that any such provision is made does not prevent an easement being treated as one that is created under section 5D.

(3) Any term, condition or provision prescribed by the regulations of or in relation to an easement under section 5D has effect subject to any express provision in that behalf —

(a) made under subsection (1); or

(b) made by any by‑law of the strata company that is classified under section 42(2a) as a Schedule 1 by‑law.

[Section 5E inserted by No. 61 of 1996 s. 11.]

5F. Variation or discharge of easements under section 5D

(1) An easement under section 5D —

(a) is automatically discharged by the termination of the scheme in which it has effect;

(b) may with the approval in writing of the Commission —

(i) be varied by instrument signed by each person who has a registered interest in, or is a caveator in respect of, the dominant lot and the servient lot; and

(ii) be discharged by instrument signed by each person who has a registered interest in, or is a caveator in respect of, the dominant lot.

(2) An instrument under subsection (1)(b) varying or discharging an easement is not effective until it is registered by the Registrar of Titles.

(3) On registration of an instrument under subsection (1)(b) the Registrar of Titles is to amend the survey‑strata plan to show the effect of the instrument.

[Section 5F inserted by No. 61 of 1996 s. 11.]

5G. Easement where common ownership

An easement created under section 5D has effect even though the dominant lot and the servient lot have the same proprietor.

[Section 5G inserted by No. 61 of 1996 s. 11.]

5H. Regulations as to easements

(1) The regulations may prescribe —

(a) the terms, conditions and provisions of and relating to easements that may be created under section 5D; and

(b) a short form description by which each kind of easement may be referred to and which is to be deemed to be a reference to the full terms, conditions and provisions of an easement of that kind.

(2) Regulations made for the purposes of subsection (1)(a) may make provision for and in relation to —

(a) liability for the costs of the upkeep of an area over which an easement is created;

(b) a proprietor’s right of access to an area over which an easement is created to inspect any thing or carry out work;

(c) the proprietor of the dominant lot keeping the proprietor of the servient lot indemnified in respect of liability arising from the use of, or the activities undertaken in, an area by the first‑mentioned proprietor; and

(d) the circumstances in which an easement is terminated where a building to which it relates is destroyed.

(3) Regulations made for the purposes of subsection (1) may provide that —

(a) in specified circumstances a proprietor of a lot is to be taken to have agreed to undertake any positive obligation specified in the regulations in connection with an easement; and

(b) any such obligation runs with the land and is binding on a succeeding proprietor of the lot.

(4) If the regulations prescribe any easement for access or use of light or air, section 121 of the Property Law Act 1969 does not apply to the creation of any such easement under section 5D.

[Section 5H inserted by No. 61 of 1996 s. 11.]

6. Strata/survey‑strata plan may restrict use of parcel or part of parcel

(1) A strata/survey‑strata plan lodged for registration under this Act may, by an appropriate endorsement that delineates the area or space affected and refers to this section, restrict the use to which the parcel or part of the parcel may be put.

(1a) Subject to subsections (3a) and (4), a registered strata/survey‑strata plan may be amended, by resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme) of the strata company, to restrict the use to which the parcel or part of the parcel may be put.

(1b) A resolution under subsection (1a) shall refer to a plan of the parcel showing the area or space affected.

(2) Where a registered strata/survey‑strata plan restricts the use to which the parcel or part of the parcel may be put, a proprietor, occupier or other resident of any lot that is part of the parcel shall not use, or permit to be used, the parcel or part of the parcel in any manner that contravenes the restriction.

Penalty: $2 000 and a daily penalty of $200.

(3) Subject to subsections (3a) and (4) a restriction endorsed on a registered strata/survey‑strata plan under this section may be varied or removed by resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme) of the strata company.

(3a) An addition of a restriction under subsection (1a) or a variation or removal under subsection (3) is effective only if the local government approves the resolution and, if the subdivision in the plan was one to which the consent of the Commission was required under this Act, the Commission approves the resolution.

(4) A resolution adding a restriction to or varying or removing a restriction endorsed on a registered strata/survey‑strata plan under this section shall not be effective until notice of the resolution is registered in the prescribed manner with the Registrar of Titles and upon registration the Registrar of Titles shall amend the strata/survey‑strata plan accordingly.

[Section 6 amended by No. 84 of 1994 s. 46; No. 58 of 1995 s. 11 and 95; No. 57 of 1997 s. 115(1); No. 24 of 2000 s. 40(1) and (2).]

6A. Restrictions relating to retired persons

(1) A restriction under section 6 may limit the use of the lots by requiring that each lot is to be occupied only, or predominantly, by retired persons.

(2) Nothing in this section or section 6 is to be read as limiting the power of the strata company to make by‑laws under section 42 relating to the circumstances in which persons, other than the occupier, may reside in a lot which is subject to a restriction referred to in subsection (1).

(3) In subsection (1) —

retired person means a person who has —

(a) attained the age of 55 years; or

(b) retired from full‑time employment,

and is deemed to include a person who is or was the spouse or de facto partner of such a person.

[Section 6A inserted by No. 58 of 1995 s. 12; amended by No. 28 of 2003 s. 195.]

7. Structural erections, alterations and extensions restricted, strata schemes

(1) This section does not apply to —

(a) a lot in a survey‑strata scheme; or

(b) the erection of, alteration to or extension of a structure on a lot in a strata scheme if —

(i) each proprietor of a lot in the scheme has in writing given approval to the erection, alteration or extension;

(ii) that approval, if subject to conditions, is given by each proprietor subject to the same conditions; and

(iii) a copy of each such approval is served on the strata company.

(2) The proprietor of a lot shall not cause or permit —

(a) any structure to be erected; or

(b) any alteration of a structural kind to, or extension of, a structure,

on his lot except —

(c) with the prior approval of the proprietor of the other lot in the case of a strata scheme in which there are not more than 2 lots; and

(d) in any other case with the prior approval, expressed by resolution without dissent, of the strata company.

(3) Where an application is made to a proprietor in accordance with section 7B the proprietor may refuse to give approval on any ground that is permitted by subsection (5), but not otherwise.

(4) Where an application is made to a strata company in accordance with section 7B —

(a) notice of the general meeting to which the application is to be submitted shall contain or be accompanied by a statement, in the prescribed form, of the effect of paragraphs (c) and (d);

(b) the chairman of the general meeting shall before a vote is taken on the application read out the statement referred to in paragraph (a);

(i) against a resolution to approve the application; or

(ii) in support of a resolution to refuse approval of the application,

on any ground that is permitted by subsection (5), but not otherwise; and

(d) a vote referred to in paragraph (c) is of no effect unless the person casting the vote discloses as a ground for his vote one or more of the grounds permitted by subsection (5).

(5) The grounds on which approval may be refused are —

(a) that the carrying out of the proposal will breach the plot ratio restrictions or open space requirements for the lot ascertained in accordance with section 7A(3);

(b) in the case of a lot that is not a vacant lot, that the carrying out of the proposal —

(i) will result in a structure that is visible from outside the lot and that is not in keeping with the rest of the development;

(ii) may affect the structural soundness of a building; or

(iii) may interfere with any easement created by section 11 or 12;

(6) In this section —

structure includes any prescribed improvement;

vacant lot means a lot that is wholly unimproved apart from having merged improvements within the meaning of that expression in the Valuation of Land Act 1978.

[Section 7 inserted by No. 58 of 1995 s. 13.]

7A. Structural erections, alterations and extensions restricted, survey‑strata schemes

(1) This section does not apply to a lot in a strata scheme.

(2) The proprietor of a lot shall not cause or permit —

(a) any structure to be erected; or

(b) any alteration of a structural kind to, or extension of, a structure to be made,

on his lot if on completion of the work the structures on the lot will not conform to plot ratio restrictions or open space requirements for the lot, except —

(c) with the prior approval of the proprietor of the other lot in the case of a survey‑strata scheme in which there are not more than 2 lots (not including lots designated as common property lots); and

(d) in any other case with the prior approval, expressed by resolution without dissent, of the strata company.

(3) For the purposes of subsection (2) the plot ratio restrictions or open space requirements for a lot are —

(a) those provided for by the by‑laws of the strata company; or

(b) in the absence of any such provision, those that represent the pro rata entitlements of or requirements for the lot calculated on the proportion that the area of the lot bears to the area of the parcel.

(4) In this section —

structure includes any prescribed improvement.

[Section 7A inserted by No. 58 of 1995 s. 13.]

7B. Further provisions as to approvals for purposes of sections 7 and 7A

(1) A proprietor who wishes to obtain an approval of a proposal that comes within section 7(2) or 7A(2) shall serve an application on the strata company or the other proprietor, as the case may require, and in the application shall set out details of the proposal and such other information as may be prescribed.

(2) Where an application is made to a strata company under subsection (1) the council of the company shall submit the application to a general meeting of the company convened for the purpose, or for purposes which include that purpose, within 35 days after the application is received (the allowed period).

(3) If the council does not —

(a) give notice of such a meeting, within 14 days after the application is served on the strata company, to each proprietor and registered mortgagee who has notified his interest to the strata company; or

(b) convene a general meeting of the company within the allowed period,

any proprietor may convene a general meeting, in the same manner as nearly as possible as that in which meetings are to be convened by the council, and submit the application to that meeting.

(4) Despite subsection (2), a council may submit an application to a general meeting convened by the council after the allowed period if that meeting is held before a meeting is convened by the applicant under subsection (3).

(5) Notice in writing of the decision on an application shall be given to the applicant —

(a) in the case of a two‑lot scheme, by the other proprietor within 42 days after the service of the application on him; and

(b) in any other case, by the strata company within 77 days after service of the application on the company.

(6) If an application made to a strata company or the other proprietor for approval under section 7 is not approved, a notice under subsection (5) shall show the ground or grounds —

(a) disclosed by each proprietor who cast a vote of a kind referred to in section 7(4)(c); or

(b) on which approval is refused by the other proprietors,

as the case may be.

(7) If notice of a decision is not given to the applicant in accordance with subsection (5) and, where applicable, subsection (6) the approval applied for is to be taken to have been given.

[Section 7B inserted by No. 58 of 1995 s. 13.]

8. Re‑subdivision within a scheme

(1) Lots or common property, or lots and common property, may be re‑subdivided by the registration of a plan under and in the manner provided by this Act as a plan of re‑subdivision.

(2) A lot in a strata scheme may only be re‑subdivided by a strata plan of re‑subdivision.

(3) A lot in a survey‑strata scheme may only be re‑subdivided by a survey‑strata plan of re‑subdivision.

(4) The reference in subsection (1) to common property does not include common property that is the subject of a lease accepted by the strata company under section 18.

[Section 8 inserted by No. 58 of 1995 s. 14.]

8A. Requirements for plan of re‑subdivision

A plan of re‑subdivision shall —

(a) be accompanied by an application in the prescribed form requesting the Registrar of Titles to register the plan; and the application —

(i) shall be under the seal of the strata company; and

(ii) shall confirm that —

(I) the strata company has by unanimous resolution consented to the proposed re‑subdivision and to the proposed allocation of unit entitlement set out in the application; or

(II) the plan either complies with any by‑laws of the kind described in item 8 in Schedule 2A or sufficiently complies with those by‑laws in a way that is allowed by the regulations;

(b) define, in the prescribed manner, the boundaries of each lot in the parcel that is to be altered or created by the plan of re‑subdivision and, in the case of a plan of re‑subdivision for a strata scheme, do so by reference to a floor plan;

(c) where amendment of the location plan is necessary in consequence of the re‑subdivision, be accompanied by an amended location plan or a plan sufficient to enable the Registrar of Titles to amend the location plan to the extent made necessary by the re‑subdivision;

(d) be accompanied by a certificate given by a licensed surveyor containing, subject to appropriate and necessary modifications, the same particulars as are required by section 22(1) or (2), as the case may require;

(e) where paragraph (a)(ii)(II) applies, be accompanied by a certificate in the prescribed form given by a licensed surveyor;

(f) in the case of a re‑subdivision of a lot in a strata scheme, be accompanied by a certificate given by the local government containing, subject to appropriate and necessary modifications, the same particulars as are required by section 23 and the local government shall not issue a certificate for the purposes of this paragraph unless satisfied, subject to appropriate and necessary modifications, in respect of the matters referred to in section 23(2);

(g) where section 25(1) requires or section 25B(2) applies, be accompanied by a certificate of approval of the re‑subdivision given by the Commission;

(h) be accompanied by a certificate of a licensed valuer in accordance with section 14(2);

(i) unless paragraph (a)(ii)(II) applies, be accompanied by a certificate given by every person who —

(i) has a registered interest in any lot proposed to be affected otherwise than as the proprietor of the lot; or

(ii) is a caveator in respect of any such lot,

certifying his consent to the proposed re‑subdivision; and

(j) unless paragraph (a)(ii)(II) applies, be accompanied by a certificate given by every person who —

(i) has a registered interest in any lot the unit entitlement of which is proposed to be affected otherwise than as the proprietor of the lot; or

(ii) is a caveator in respect of any such lot,

certifying his consent to the proposed allocation of unit entitlement set out in the application.

[Section 8A inserted by No. 58 of 1995 s. 14; amended by No. 61 of 1996 s. 12; No. 57 of 1997 s. 115(1).]

8B. Transfers etc. to give effect to plan

(1) Subject to subsection (2), every transfer or other document that is necessary to give effect to the plan of re‑subdivision shall be lodged for registration together with the plan of re‑subdivision.

(2) The regulations may provide for the registration of an instrument (a disposition statement) —

(a) by which various interests in land affected by the proposed re‑subdivision are disposed of or vested;

(b) by which encumbrances are attached to or discharged from any interest; and

and subsection (1) does not apply if a disposition statement is lodged for registration with the plan of re‑subdivision.

[Section 8B inserted by No. 58 of 1995 s. 14.]

8C. Effect of registration of plan of re‑subdivision

(1) Upon registration, a plan of re‑subdivision shall be deemed to be part of the strata/survey‑strata plan as previously registered, and the Registrar of Titles shall amend the strata/survey‑strata plan and the schedule of unit entitlement in the manner prescribed.

(2) Upon registration of a plan of re‑subdivision every lot of the strata/survey‑strata plan as previously registered that —

(a) is enlarged under the plan of re‑subdivision by the addition of part of a lot or common property of the strata/survey‑strata plan as previously registered; or

(b) is diminished under the plan of re‑subdivision,

is by operation of law subject to any encumbrance registered or caveat lodged with the Registrar of Titles against the first‑mentioned lot and every such encumbrance or caveat is deemed to be amended accordingly.

(3) Upon registration of a plan of re‑subdivision —

(a) every lot or part lot of the strata/survey‑strata plan as previously registered that is common property under the plan of re‑subdivision by operation of law vests in the proprietors to be held by them as tenants in common in shares proportional to the unit entitlements of their respective lots; and

(b) the share of a proprietor in common property vested in the proprietors pursuant to the amended schedule of unit entitlement by operation of law is subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot and every such encumbrance or caveat is deemed to be amended accordingly.

[Section 8C inserted by No. 58 of 1995 s. 14.]

9. Consolidation of lots

(1) Two or more lots may be consolidated into one lot by the registration of a plan under and in the manner provided by this Act as a strata/survey‑strata plan of consolidation.

(2) The unit entitlement of a lot created by the consolidation of 2 or more lots shall be the sum of the unit entitlements of each of those lots.

(3) A strata/survey‑strata plan of consolidation shall —

(a) where section 25(1) requires, be accompanied by a certificate of approval of the consolidation given by the Commission;

(b) in the case of a consolidation of lots in a strata scheme, be accompanied by a certificate given by the local government certifying —

(i) that the local government consents to the consolidation;

(ii) in a case where the proposed consolidation is exempt from the requirement of approval by the Commission, that the proposed consolidation is so exempt; and

(iii) in a case where the Commission has granted approval subject to conditions under section 25, that the conditions attached to the approval of the Commission have been complied with;

and

(c) be accompanied by consent to the consolidation given in the prescribed manner by every person registered as proprietor of an interest in any lot proposed to be consolidated.

(4) Upon registration a strata/survey‑strata plan of consolidation shall be deemed to be part of the strata/survey‑strata plan as previously registered and the Registrar of Titles shall amend the strata/survey‑strata plan and the schedule of unit entitlement accordingly in the prescribed manner.

[Section 9 amended by No. 84 of 1994 s. 46; No. 58 of 1995 s. 15 and 95; No. 14 of 1996 s. 4.]

10. Conversion of lots into common property

(1) One or more lots may be converted into common property by the registration of a transfer executed by the proprietor or proprietors of that lot or those lots and by the strata company.

(2) A transfer under subsection (1) shall not be registered unless —

(a) it is accompanied by a certificate given by the local government consenting to the conversion into common property effected by the transfer;

(b) it is accompanied by a certificate under seal of the strata company certifying that the strata company has by resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme) consented to the conversion effected by the transfer; and

(c) every mortgage, charge, current lease, caveat or other interest recorded in the Register in relation to the lot or each lot to which the transfer relates has, in so far as it affects any such lot, been discharged or surrendered or withdrawn or otherwise disposed of, as the case may be.

(3) Upon the registration of a transfer under this section, the land comprised in the transfer becomes common property and is subject to the provisions of this Act relating to common property and the Registrar of Titles shall —

(a) amend the strata/survey‑strata plan in the prescribed manner;

(b) amend the schedule of unit entitlement in the prescribed manner; and

(4) Upon the registration of a transfer under this section, the share of a proprietor in common property vested in the proprietors pursuant to this section shall by operation of law be subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot and every such encumbrance or caveat is deemed to be amended accordingly.

[Section 10 amended by No. 58 of 1995 s. 92 and 95; No. 14 of 1996 s. 4; No. 81 of 1996 s. 153(1).]

11. Support and services

(1) In respect of each lot there shall be implied —

(a) in favour of the proprietor and as appurtenant to his lot —

(i) an easement for the subjacent and lateral support thereof by the common property and by every other lot capable of affording support; and

(ii) easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts for the time being existing in the land comprising the parcel to the extent to which those pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of that lot;

(b) as against the proprietor and to which his lot shall be subject —

(i) an easement for the subjacent and lateral support of the common property and of every other lot capable of enjoying support; and

(ii) easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts for the time being existing within that lot, as appurtenant to the common property and also to every other lot capable of enjoying such easements.

(2) A proprietor, mortgagee in possession or occupier of a lot shall not do any thing or permit any thing to be done on or in relation to that lot so that —

(a) any support or shelter provided by that lot for another lot or common property is interfered with; or

(b) the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services, including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts for the time being in the lot is interfered with.

12. Shelter

(1) Every proprietor of a lot on a strata plan is entitled to have his lot sheltered by all such parts of the building as are capable of affording shelter.

(2) The right created by subsection (1) is an easement to which such parts of the building as are referred to in that subsection shall be subject.

(3) The easement of shelter created by this section entitles the proprietor of the dominant tenement to enter on the servient tenement to replace, renew or restore any shelter.

[Section 12 amended by No. 58 of 1995 s. 16.]

12A. Access for maintenance where part of building intrudes into another lot

(1) Where under section 3AB(1) the boundary of a lot or part of a lot is the external surface of a part of a building and the part —

(a) constitutes a permitted boundary deviation; or

(b) is on the boundary with another lot,

the proprietor of the lot that includes that part, and his employees and agents, may —

(d) enter on the other lot, if necessary with vehicles and equipment, for the purpose of doing so.

(2) The rights created by subsection (1) are an easement to which the other lot is subject.

[Section 12A inserted by No. 61 of 1996 s. 13.]

13. Ancillary rights

All ancillary rights and obligations reasonably necessary to make them effective belong to easements implied or created by this Act.

14. Unit entitlement of lots

(1) The unit entitlement of a lot, as stated in the schedule referred to in section 5, determines —

(a) the voting rights of a proprietor;

(b) the quantum of the undivided share of each proprietor in the common property; and

(c) subject to subsection (1)(c)(ii) of section 36, the proportion payable by each proprietor of contributions levied under that section.

(2) The certificate of a licensed valuer which is required by sections 5B(1)(b), 8A(h), 21T(1)(d) and 31E(1)(d) to accompany a strata/survey‑strata plan and a plan of re‑subdivision lodged for registration shall be in the prescribed form and shall certify that, or to the effect that, the unit entitlement of each lot, as stated in the schedule referred to in those sections, bears in relation to the aggregate unit entitlement of all lots delineated on the strata/survey‑strata plan a proportion not greater than 5% more or 5% less than the proportion that the value of that lot bears to the aggregate value of all the lots delineated on the plan.

(2a) In subsection (2) —

value means —

(a) in the case of a strata scheme, the capital value within the meaning of the Valuation of Land Act 1978; and

(b) in the case of a survey‑strata scheme, the site value within the meaning of that Act.

(3) A certificate given by a licensed valuer for the purposes of this Act shall be valid for such period as is prescribed.

[Section 14 amended by No. 58 of 1995 s. 17 and 95; No. 61 of 1996 s. 14; No. 24 of 2000 s. 40(3).]

15. Reallocation of unit entitlement by resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme)

(1) The schedule of unit entitlement registered in respect of a scheme may be amended by the registration with the Registrar of Titles of an amended schedule of unit entitlement under and in the manner provided by this section.

(2) An amended schedule of unit entitlement shall not be registered under this section unless it is accompanied by —

(a) a certificate under seal of the strata company certifying that the strata company has by resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme) consented to the registration of the amended schedule of unit entitlement;

(b) a certificate given by every person, other than a proprietor, who has a registered interest in any lot the unit entitlement of which is affected by the amended schedule of unit entitlement certifying his consent to the registration of the amended schedule; and

(c) a certificate given in the prescribed form by a licensed valuer certifying that, or to the effect that, the unit entitlement of each lot, as stated in the amended schedule of unit entitlement, bears in relation to the aggregate unit entitlement of all lots delineated on the strata/survey‑strata plan a proportion not greater than 5% more or 5% less than the proportion that the value of that lot bears to the aggregate value of all the lots delineated on the plan.

[(3) repealed]

(4) Upon the registration of an amended schedule of unit entitlement under this section, the share of a proprietor in common property vested in the proprietors pursuant to the amended schedule of unit entitlement shall by operation of law be subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot and every such encumbrance or caveat is deemed to be amended accordingly.

(5) In subsection (2) —

registered interest includes a caveat in respect of a lot but excludes an order or other legal process issued in respect of a lot for the purposes of enforcing a judgment or fine;

value means —

(a) in the case of a strata scheme, the capital value within the meaning of the Valuation of Land Act 1978; and

(b) in the case of a survey‑strata scheme, the site value within the meaning of that Act.

[Section 15 amended by No. 58 of 1995 s. 18, 92, 95 and 96; No. 59 of 2004 s. 141.]

16. Reallocation of unit entitlement by State Administrative Tribunal

(1) Upon the application of a proprietor of a lot within a scheme or a strata company, the State Administrative Tribunal may, under and in the manner provided by this section, order that the schedule of unit entitlement registered in respect of the scheme be amended.

(2) An application under this section shall not be accepted by the State Administrative Tribunal unless it is accompanied by —

(a) a certificate under seal of the strata company certifying that the strata company has by special resolution authorised an application to the State Administrative Tribunal under this section for an order that the schedule of unit entitlement be amended; and

(b) a certificate given by a licensed valuer certifying that, or to the effect that, the value of a lot identified in the certificate has varied by more than 5% in relation to the value of another lot identified in the certificate since the registration of the strata/survey‑strata plan or, if an amended schedule or schedules of unit entitlement has or have been registered, since the most recent registration of an amended schedule of unit entitlement.

(3) Notice of an application under subsection (1) shall be served on —

(a) every person who was entitled to exercise the power of voting conferred under this Act and did not, either in person or by proxy, vote in favour of the resolution authorising the application; and

(b) every person whom the State Administrative Tribunal declares to have a sufficient interest in the proceedings to require that he should be served with notice of the application.

(3a) Subsection (3) does not limit the ability of the State Administrative Tribunal to order that a person be joined as a party to the proceedings.

(4) Except where in the circumstances of a particular application the State Administrative Tribunal is satisfied that there are good and sufficient reasons for not making an order under this subsection, the State Administrative Tribunal shall —

(a) determine every application under this section by the allocation to each lot in the scheme of a unit entitlement that bears in relation to the aggregate unit entitlement of all lots delineated on the strata/survey‑strata plan a proportion not greater than 5% more or 5% less than the proportion that the value of each lot bears to the aggregate value of all the lots delineated on the plan; and

(b) order that the schedule of unit entitlement registered in respect of the scheme be amended in accordance with the allocation of unit entitlements made under paragraph (a).

(5) Upon receiving a copy of an order made under this section, the Registrar of Titles shall amend the schedule of unit entitlement registered in respect of the scheme in the manner prescribed and thereupon the share of a proprietor in common property vested in the proprietors pursuant to the amended schedule of unit entitlement shall by operation of law be subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot and every such encumbrance or caveat is deemed to be amended accordingly.

(6) The State Administrative Tribunal shall not order a party who opposes an application under this section to pay the costs of a successful applicant unless the State Administrative Tribunal considers the actions of that party in relation to the application to have been unreasonable.

(7) In subsections (2) and (4) —

value means —

(a) in the case of a strata scheme, the capital value within the meaning of the Valuation of Land Act 1978; and

(b) in the case of a survey‑strata scheme, the site value within the meaning of that Act.

[Section 16 amended by No. 58 of 1995 s. 19, 95 and 96; No. 55 of 2004 s. 1109.]

Division 2 — Common property

17. Ownership of common property

(1) Common property shall be held by the proprietors as tenants in common in shares proportional to the unit entitlements of their respective lots.

(2) The Registrar of Titles shall in the certificate of title to a lot certify that the proprietor holds the share in the common property appurtenant to the lot in accordance with the unit entitlement of that lot as stated in the schedule of unit entitlement registered in respect of the scheme.

[Section 17 amended by No. 58 of 1995 s. 96.]

18. Acquisition of additional common property

(1) A strata company may, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme), accept a transfer or lease of land which is part of, or contiguous to, the parcel and is not subject to a mortgage, charge or other encumbrance, for the purpose of creating, or creating additional, common property.

(2) A transfer or lease referred to in subsection (1) shall be accompanied by —

(a) the certificate of title comprising the land described in the transfer or lease or, in the case of a transfer of a lease or sub‑lease, the registered lease referred to in the transfer or sub‑lease;

(b) a certificate under the seal of the strata company certifying that the resolution authorising the acceptance of the transfer or lease was a resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme),

and, in the case of a transfer other than a transfer of a lease, there shall be lodged in the Authority’s office a plan showing as a single lot the land comprised in the transfer and the land comprised in the parcel before the registration of the transfer.

(3) Upon the registration in the prescribed manner of any such transfer, other than a transfer of a lease, the land comprised in the transfer becomes common property and is subject to the provisions of this Act relating to common property and the Registrar of Titles shall make an appropriate recording on the registered strata/survey‑strata plan to which the parcel relates and on the certificate of title of the land transferred.

(4) Upon the registration of any such lease, transfer of a lease or sub‑lease —

(a) the leasehold interest becomes common property and thereupon is subject to such of the provisions of this Act relating to common property as are applicable to a leasehold interest;

(b) the strata company is responsible for all payments and the performance of all duties required of the lessee by the terms of the lease or sub‑lease, as the case may be; and

(c) the Registrar of Titles shall make an appropriate note on the registered strata/survey‑strata plan to which the parcel relates and on the certificate of title or the lease, as the case may be, comprising the demised land to the effect that during the term of the lease or sub‑lease the demised land is incorporated with and as part of the common property.

(5) A strata company may, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme) and with the concurrence of the lessor, surrender a lease accepted by it under this section, but if the lessor is also a proprietor, that proprietor may participate in debate on the resolution that the lease be surrendered but may not vote on that resolution.

(6) Upon the registration of any such surrender, the Registrar of Titles shall make an appropriate recording on the registered strata/survey‑strata plan on which the lease was recorded.

(7) The share of a proprietor in common property vested in the proprietors pursuant to this section shall by operation of law be subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot and every such encumbrance or caveat is deemed to be amended accordingly.

[Section 18 amended by No. 58 of 1995 s. 20, 92 and 95; No. 60 of 2006 s. 160(3).]

19. Transfer or lease of common property

(1) Except as otherwise provided in this section —

(a) no share in the common property may be disposed of except as appurtenant to the lot of the proprietor thereof; and

(b) an assurance of a lot operates to assure the share of the disposing party in the common property, without express reference thereto.

(2) Subject to subsection (10), a strata company may, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme) and where satisfied that all persons concerned have consented in writing to the transfer or lease, execute a transfer or lease of common property, other than common property the subject of a lease accepted or acquired by the strata company under section 18(1).

(3) Subject to subsection (10), a strata company, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme) and where satisfied that all persons concerned have consented in writing to the transfer, may, if not prevented by the terms of the lease, transfer a lease of common property accepted or acquired by the strata company under section 18(1) or grant, by way of sub‑lease, a lease of its estate or interest in common property the subject of a lease so accepted or acquired.

(4) A strata company may, if otherwise empowered so to do, re‑enter under a lease, or, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme), accept a surrender of a lease, granted under subsection (2) or (3).

(5) Upon execution of a transfer or lease or sub‑lease in accordance with subsection (2) or (3) —

(a) the transfer or lease or sub‑lease is valid and effective without execution by any person having any estate or interest in the common property; and

(b) the receipt of the strata company —

(i) is a sufficient discharge for; and

(ii) exonerates the person taking under the transfer or lease or sub‑lease from responsibility for the application of,

the moneys expressed to have been received by it and is likewise a sufficient discharge and exoneration for all moneys payable to the strata company under the transfer or lease or sub‑lease.

(6) Every transfer or lease or sub‑lease executed under subsection (2) or (3) shall be endorsed with or accompanied by a certificate under the seal of the strata company that the resolution referred to in the relevant subsection was duly passed and that all necessary consents were given.

(7) In favour of —

(a) a purchaser or lessee of the common property; and

(b) the Registrar of Titles,

a certificate under subsection (6) is conclusive evidence of the facts stated in it.

(8) The Registrar of Titles shall —

(a) in the case of a transfer of common property under this section, register the transfer by creating and registering in the transferee’s name a certificate of title for the land transferred, and no notification of the transfer shall be otherwise made in the Register; and

(b) in the case of a lease or sub‑lease of common property under this section, register the lease or sub‑lease in the manner prescribed.

(9) Upon the lodging for registration of a transfer of common property, the Registrar of Titles shall, before creating and registering a certificate of title, amend the registered strata/survey‑strata plan in the manner prescribed.

(10) Subject to subsections (11), (12) and (13) —

(a) a transfer or mortgage of the common property or part of the common property; or

(b) a lease or licence, or lease and licence, to use or occupy the common property or part of the common property, for any term or terms exceeding the prescribed period in the aggregate including an option to extend or renew the term of a lease or licence granted in respect of the common property or part thereof,

is not effective unless it has been approved in writing by the Commission and the local government.

(11) Subsection (10) does not apply so as to require the approval of the Commission in the case of a subdivision of a parcel exempted from the requirement of a certificate of approval of the Commission by regulations made under section 25(2).

(12) Subsection (10) does not apply to a by‑law referred to in section 42(8), whether made before or after the commencement of section 15 of the Strata Titles Amendment Act 1996, and no such by‑law shall be called in question for non‑compliance with that subsection.

(13) Subsection (10) does not apply to anything done under Division 2A of Part II or Division 3 of Part III.

[Section 19 amended by No. 84 of 1994 s. 46; No. 58 of 1995 s. 21, 92 and 95; No. 14 of 1996 s. 4; No. 61 of 1996 s. 15; No. 81 of 1996 s. 153(1).]

20. Creation of easements and covenants

(1) A strata company may, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme) —

(a) execute a grant of easement or a restrictive covenant burdening the parcel;

(b) accept a grant of easement or a restrictive covenant benefiting the parcel;

(2) Subsection (1) does not authorise a strata company to accept a grant or execute a surrender of an easement relating to common property the subject of a lease accepted or acquired by the strata company under section 18(1) that, apart from subsection (1), it is not entitled to accept or execute as a lessee or, by the terms of the lease, it is prevented from accepting or executing.

(3) A strata company may, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two‑lot scheme), consent to the execution or acceptance by a lessor of a grant or surrender of easement relating to common property the subject of a lease accepted or acquired by the strata company under section 18(1).

(4) The strata company, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the strata company have consented in writing to the proposed dealing, shall execute the appropriate instrument and any plan necessary therefor and every instrument shall be valid and effective without execution by any person having an interest in the parcel, and the receipt of the strata company of any moneys payable to the strata company under the terms of the instrument shall be a sufficient discharge, and shall exonerate the persons taking under the instrument from any responsibility for the application of the moneys expressed to have been so received.

(5) Every instrument executed pursuant to subsection (4) and lodged for registration with the Registrar of Titles shall be endorsed with or accompanied by a certificate under the seal of the strata company that the resolution was duly passed and that all necessary consents were given.

(6) In favour of persons dealing with the strata company pursuant to this section and in favour of the Registrar of Titles, the certificate referred to in subsection (5) shall be conclusive evidence of the matters certified in it.

(7) The Registrar of Titles shall register the instrument creating or surrendering a grant of easement or a restrictive covenant by noting it on the strata plan in the manner prescribed.

[Section 20 amended by No. 58 of 1995 s. 92.]

21. Encroachments treated as common property

Where a strata plan or plan of re‑subdivision in respect of a strata scheme indicates the existence of an encroachment, the provisions of this Act, other than those relating to ownership and certification of title, apply to the encroachment as if it were common property.

[Section 21 amended by No. 58 of 1995 s. 22.]

Division 2A — Merger of common property into lots in certain strata schemes

[Heading inserted by No. 61 of 1996 s. 16.]

Subdivision 1 — Preliminary

[Heading inserted by No. 61 of 1996 s. 16.]

21A. Term used in this Division

In this Division —

existing small strata scheme means a strata scheme —

(a) in which there are not more than 5 lots; and

(b) the strata plan for which was registered before 1 January 1998,

but does not include a strata scheme the strata plan for which provides that section 3AB does not apply to the scheme.

[Section 21A inserted by No. 61 of 1996 s. 16.]

21B. Division only applies to single tier strata schemes

This Division applies only to a single tier strata scheme.

[Section 21B inserted by No. 61 of 1996 s. 16.]

21C. Procedures cannot be invoked more than once

(1) After a notice of resolution has been registered under section 21H in respect of a strata scheme, no further notice of resolution may be registered under that section in respect of that scheme.

(2) After a resolution has been registered under section 21X in respect of a strata scheme, no further resolution may be registered under that section in respect of that scheme.

[Section 21C inserted by No. 61 of 1996 s. 16.]

21D. Saving

Nothing in this Division prevents or limits the re‑subdivision of lots by the registration of a plan of re‑subdivision under section 8.

[Section 21D inserted by No. 61 of 1996 s. 16.]

Subdivision 2 — Merger by resolution of buildings that are common property

[Heading inserted by No. 61 of 1996 s. 16.]

21E. Application

This Subdivision does not apply to a strata scheme the strata plan for which is registered on or after 1 January 1998.

[Section 21E inserted by No. 61 of 1996 s. 16.]

21F. Resolution by strata company

(1) A strata company for a strata scheme may, in the prescribed form, resolve that the boundaries of lots or parts of lots in the scheme are to be fixed by reference to the boundaries provided for by section 3AB.

(2) A resolution is effective for the purposes of subsection (1) only if it is —

(a) a resolution without dissent or, in the case of a two‑lot scheme, a unanimous resolution;

(b) in the case of a two‑lot scheme, a resolution declared by an order under section 103C to be deemed to have been duly passed as a unanimous resolution; or

(c) a resolution passed by the strata company and ordered under section 103M to be treated as a resolution without dissent.

[Section 21F inserted by No. 61 of 1996 s. 16; amended by No. 55 of 2004 s. 1157.]

21G. Lodgement of notice of resolution for registration

(1) Where a strata company has passed a resolution under section 21F it may, in accordance with the regulations, lodge with the Registrar of Titles —

(a) a notice of resolution in the prescribed form; and

(b) if applicable, a copy of any relevant order under section 103C or 103M certified by the executive officer of the State Administrative Tribunal as being a true copy.

(2) The notice may be lodged in any case by the strata company or alternatively —

(a) in the case of an existing small strata scheme, by all of the proprietors of lots in the scheme; or

(b) where the resolution is of the kind mentioned in section 21F(2)(b) or (c), by one proprietor.

(3) The notice of resolution —

(a) if it is lodged by the strata company, is to be signed under its seal; or

(b) if subsection (2)(a) or (b) applies, is to be signed by the proprietors or the proprietor lodging it.

[Section 21G inserted by No. 61 of 1996 s. 16; amended by No. 55 of 2004 s. 1110.]

21H. Registration of notice of resolution

The Registrar of Titles is to register a notice of resolution if the relevant requirements of this Division are satisfied.

[Section 21H inserted by No. 61 of 1996 s. 16.]

21I. Effect of registration

(1) The effect of the registration of a notice of resolution is that without the need for any other documentation —

(a) the boundaries of lots or parts of lots on the strata plan are fixed by reference to section 3AB regardless of where they were located before that registration; and

(b) each lot as so defined is subject to —

(i) any encumbrance that was registered; or

(ii) caveat that was lodged,

with the Registrar of Titles against the lot before the registration.

(2) Any encumbrance or caveat referred to in subsection (1) is to be taken to be amended to give effect to that subsection.

[Section 21I inserted by No. 61 of 1996 s. 16.]

21J. Registrar of Titles to amend strata plan

The Registrar of Titles is to amend the strata plan in the prescribed manner to give effect to section 21I.

[Section 21J inserted by No. 61 of 1996 s. 16.]

Subdivision 3 — Automatic merger of buildings that are common property

[Heading inserted by No. 61 of 1996 s. 16.]

21K. Terms used in this Subdivision

In this Subdivision —

change‑over day means the day after the expiry of 6 months —

(a) beginning on the commencement day, in the case of a strata scheme registered before that day; or

(b) beginning on the day on which the scheme is registered, in the case of a strata scheme that is registered on or after the commencement day and before 1 January 1998;

commencement day means the day on which section 16 of the Strata Titles Amendment Act 1996 comes into operation.

[Section 21K inserted by No. 61 of 1996 s. 16.]

21L. Application

This Subdivision applies only to an existing small strata scheme.

[Section 21L inserted by No. 61 of 1996 s. 16.]

21M. Automatic application of lot boundaries under section 3AB

If on the change‑over day —

(a) a notice of resolution has not been registered under section 21H; and

(b) an objection has not been lodged under section 21O,

in respect of an existing small strata scheme, section 21I applies to the scheme, on and after the change‑over day —

(d) without the need for any documentation.

[Section 21M inserted by No. 61 of 1996 s. 16.]

21N. Plan to be noted

Where section 21M applies to a strata scheme the Registrar of Titles is to —

(a) record on the strata plan for the scheme the fact that that section applies to that scheme; and

(b) amend the strata plan in the prescribed manner to give effect to that section.

[Section 21N inserted by No. 61 of 1996 s. 16.]

21O. Objection by proprietor

(1) A proprietor of a lot in an existing small strata scheme may lodge with the Registrar of Titles an objection to the application of section 21M to the scheme.

(2) An objection —

(a) is to be in the prescribed form; and

(b) is to be lodged before the change‑over day.

(3) Where an objection is lodged by a proprietor of a lot in a scheme the Registrar of Titles is to send a copy of the objection to every other proprietor of a lot in the scheme by posting it to him at the address of his lot.

[Section 21O inserted by No. 61 of 1996 s. 16.]

Subdivision 4 — Merger by resolution of land that is common property

[Heading inserted by No. 61 of 1996 s. 16.]

21P. Application

This Subdivision does not apply to a strata scheme the strata plan for which is registered on or after 1 January 1998.

[Section 21P inserted by No. 61 of 1996 s. 16.]

21Q. Resolution by strata company

(1) A strata company for a strata scheme may, in the prescribed form, resolve that the strata plan be amended in one or more of the following ways —

(a) to reflect any extension or alteration of a building shown on the plan;

(b) to include a building not shown on the plan;

(2) A resolution is effective for the purposes of subsection (1) only if it is —

(a) a resolution without dissent or, in the case of a two‑lot scheme, a unanimous resolution;

(b) in the case of a two‑lot scheme, a resolution declared by an order under section 103C to be deemed to have been duly passed as a unanimous resolution; or

(c) a resolution passed by the strata company and ordered under section 103M to be treated as a resolution without dissent.

(3) A resolution cannot be passed under subsection (1) that would, on registration under section 21X of a notice of resolution, increase the number of lots in the scheme.

(4) A resolution cannot be passed under subsection (1)(c) unless it specifies the horizontal boundaries of the land that is to be merged into a lot.

[Section 21Q inserted by No. 61 of 1996 s. 16; amended by No. 55 of 2004 s. 1157.]

21R. Further provisions as to contents of resolution

(1) A resolution cannot be passed under section 21Q(1)(a) or (b) unless at the time when the resolution is passed the building or any extension or alteration to which it relates —

(a) has been the subject of a building licence under section 374 of the Local Government (Miscellaneous Provisions) Act 1960; and

(b) has been approved by the strata company or all of the proprietors of lots in the scheme.

(2) If the strata plan is to be amended as mentioned in section 21Q(1)(c) the resolution is to specify any easement that is to be created in terms of section 21W.

[Section 21R inserted by No. 61 of 1996 s. 16.]

21S. Notice of resolution may be lodged for registration

(1) Where a strata company has passed a resolution under section 21Q it may, in accordance with the regulations, lodge with the Registrar of Titles a notice of resolution in the prescribed form.

(2) The notice may be lodged in any case by the strata company or alternatively —

(a) in the case of an existing small strata scheme, by all of the proprietors of lots in the scheme; or

(b) where the resolution is of the kind mentioned in section 21Q(2)(b) or (c), by one proprietor.

(3) The notice of resolution —

(a) if it is lodged by the strata company, is to be signed under its seal; or

(b) if subsection (2)(a) or (b) applies, is to be signed by the proprietors or the proprietor lodging it.

[Section 21S inserted by No. 61 of 1996 s. 16.]

21T. Documents to accompany notice

(1) The notice of resolution is to be accompanied by —

(a) a copy of any relevant order under section 103C or 103M certified by the executive officer of the State Administrative Tribunal as being a true copy;

(b) unless subsection (2) applies, a sketch plan (the sketch plan) showing in the prescribed manner how the strata plan is to be amended —

(i) to show any extension or alteration of a building;

(ii) to include a building not shown on the strata plan;

(iii) to merge land that is common property into a lot; or

(iv) to define any area that is to be subject to an easement under section 21W;

(d) a certificate, in the prescribed form, given by a licensed valuer in accordance with section 14(2) and, if any unit entitlement is to be changed, an amended schedule of unit entitlement;

(e) if the pro rata unit entitlement of any lot is to be decreased, a certificate given by every person who —

(i) has a registered interest in; or

(ii) is a caveator in respect of,

the lot certifying his consent to the decrease.

(2) The Registrar of Titles may dispense with the sketch plan to the extent that he considers that the detail shown on the strata plan or contained in the notice of resolution is sufficient.

[Section 21T inserted by No. 61 of 1996 s. 16; amended by No. 55 of 2004 s. 1111.]

21U. Certificate of licensed surveyor

(1) The certificate of a licensed surveyor referred to in section 21T(1)(c) is to comply with —

(a) this section; and

(b) any requirement made by the regulations for the purposes of this section.

(2) If the strata plan is to be amended to reflect any extension or alteration of a building shown on the plan, or to include a building not shown on the plan, the surveyor is to certify that —

(a) the extension or alteration, or the building has been the subject of a building licence under section 374 of the Local Government (Miscellaneous Provisions) Act 1960;

(b) any extension or alteration, or any building not shown on the plan, has been approved by —

(i) the strata company; or

(ii) all of the proprietors of lots in the scheme;

(c) any building or part of a building shown on the sketch plan as being within a lot is wholly within the ground surface boundaries of that lot, except for any permitted boundary deviation; and

(d) in respect of any land or building or part of a building shown on the sketch plan as common property to be merged into a lot —

(i) the land or building or part of a building is wholly within the external surface boundaries of the parcel; or

(ii) the requirements of section 22(1)(c) are satisfied.

(3) If the strata plan is to be amended to merge land that is common property into a lot, the surveyor is to certify, in accordance with subsection (5), that the rights and amenities required to be provided for by the relevant local planning scheme in force under the Planning and Development Act 2005 —

(a) are provided for in accordance with that scheme at the time when the certificate is given; or

(b) will be provided for when the notice of resolution and the documents referred to in section 21V are registered.

(4) The regulations may prescribe matters —

(a) as to which the surveyor is to certify under subsection (3); or

(b) which are to be specifically dealt with in the certificate.

(5) A certification under subsection (3) is to relate to matters prescribed for the purposes of subsection (4)(a) and not to other matters arising under the relevant local planning scheme.

(6) The surveyor is to certify in every case that —

(a) a reference on the sketch plan to a lot by a designated number is a reference to the lot designated by that number on the strata plan; and

(b) there are not more lots on the sketch plan than there are on the strata plan.

[Section 21U inserted by No. 61 of 1996 s. 16; amended by No. 38 of 2005 s. 15.]

21V. Transfers etc. to give effect to notice of resolution

(1) Subject to subsection (2), every transfer or other document that is necessary to give effect to a notice of resolution is to be lodged for registration together with the notice.

(2) The regulations may provide for the registration of an instrument (a disposition statement) —

(a) by which various interests in land affected by a notice of resolution are disposed of or vested;

(b) by which encumbrances are attached to or discharged from any interest; and

and subsection (1) does not apply if a disposition statement is lodged for registration with the notice of resolution.

(3) The regulations may provide for a disposition statement to include a certificate that there is no consideration, other than an interest in common property, for —

(a) the passing of property under the statement; or

(b) a transaction referred to in the Duties Act 2008 section 112(6).

[Section 21V inserted by No. 61 of 1996 s. 16; amended by No. 12 of 2008 s. 52.]

21W. Creation of easements for parking etc.

(1) The sketch plan referred to in section 21T(1)(b) may provide for easements relating to motor vehicle access, parking or turning to be created under section 5D as if the sketch plan were a survey‑strata plan.

(2) Section 5F also applies to the discharge or variation of an easement that is created under subsection (1).

(3) If the sketch plan makes provision as mentioned in subsection (1), sections 5D and 5F apply for the purposes of this Subdivision with the following modifications —

(a) any easement provided for is created on the registration of the notice of resolution; and

(b) any variation or discharge of an easement under section 5F is required to be approved by the local government instead of the Commission.

[Section 21W inserted by No. 61 of 1996 s. 16.]

21X. Registration of notice of resolution

The Registrar of Titles is to register the notice of resolution if the requirements of this Division are satisfied.

[Section 21X inserted by No. 61 of 1996 s. 16.]

21Y. Effect of registration

(1) In addition to —

(a) the operation of any transfer, document or disposition statement referred to in section 21V; and

(b) the creation of any easement under section 5D as read with section 21W,

the registration of a notice of resolution has the effects described in subsections (2), (3), (4), (5) and (6).

(2) If any land that merges into a lot was before registration of a notice of resolution subject to —

(a) any right or privilege granted under by‑law 3(f) contained in Part I of the Schedule to the Strata Titles Act 1966 3; or

(b) a by‑law referred to in section 42(8),

on registration of the notice of resolution the right or privilege or the by‑law ceases to be applicable to the land that so merges.

(3) Each lot as enlarged or diminished on registration of the notice of resolution is subject to —

(a) any encumbrance that was registered; or

(b) caveat that was lodged,

with the Registrar of Titles against the lot before the registration of the notice of resolution.

(4) Each lot or part of a lot that becomes common property on registration of the notice of resolution vests in the proprietors to be held by them as tenants in common in shares proportional to the unit entitlements of their respective lots.

(5) The share of a proprietor so vested is subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot.

(6) Any encumbrance or caveat referred to in subsection (3) or (5) is to be taken to be amended to give effect to that subsection.

[Section 21Y inserted by No. 61 of 1996 s. 16.]

21Z. Registrar of Titles to make necessary amendments

(1) The Registrar of Titles is to amend —

(a) the strata plan in the prescribed manner to give effect to sections 21V, 21W and 21Y; and

(b) the original certificates of title in respect of the lots, if required, to show any amended unit entitlement.

(2) The Registrar of Titles may amend the duplicate certificates as mentioned in subsection (1)(b) when they are lodged in the Authority’s office for the purpose of a dealing.

[Section 21Z inserted by No. 61 of 1996 s. 16; amended by No. 60 of 2006 s. 160(4).]

Division 3 — Certificates and approvals

22. Certificate of licensed surveyor

(1) The certificate of a licensed surveyor which is required by section 5B to accompany a strata plan lodged for registration shall be in the prescribed form and shall certify that —

(a) each lot that is not wholly within a building shown on the plan is within the external surface boundaries of the parcel; and either

(b) each building shown on the plan is within the external surface boundaries of the parcel; or

(c) in a case where a part of a wall or building, or material attached thereto, encroaches beyond the external surface boundaries of the parcel —

(i) all lots shown on the plan are within the external surface boundaries of the parcel;

(ii) the plan clearly indicates the existence of the encroachment and its nature and extent; and

(iii) where the encroachment is not on to a public road, street or way, that an appropriate easement has been granted and will be lodged with the Registrar of Titles to enable it to be registered as an appurtenance of the parcel.

(2) The certificate of a licensed surveyor which is required by section 5B to accompany a survey‑strata plan lodged for registration shall be in the prescribed form.

[Section 22 amended by No. 58 of 1995 s. 23.]

23. Certificate of local government

(1) Subject to this section, the certificate of the local government which is required by section 5B(2) to accompany a strata plan lodged for registration shall be in the prescribed form and shall certify —

(a) that the building shown on the plan has been inspected and that it is consistent with the building plans and specifications that have been approved in respect of the building by the local government at first instance, or as a result of a review by the State Administrative Tribunal;

(b) in a case where —

(i) a building is divided into lots on the strata plan;

(ii) a building contains a lot on the strata plan; or

(iii) a building contains or comprises part of a lot on the strata plan,

that building is, in the opinion of the local government, of sufficient standard to be brought under this Act;

(c) in a case where a proposed strata scheme is exempt from the requirement of approval by the Commission, that the proposed strata scheme is so exempt;

(d) in a case where a part of a wall or building, or material attached thereto, encroaches beyond the external surface boundaries of the parcel on to a public road, street or way, that the local government is of the opinion that retention of the encroachment in its existing state will not endanger public safety or unreasonably interfere with the amenity of the neighbourhood and the local government, with the approval of the Minister to whom the administration of the Local Government (Miscellaneous Provisions) Act 1960 is for the time being committed by the Governor, does not object to the encroachment; and

(e) in a case where the Commission has granted a certificate subject to conditions under section 25(4), that the parcel and the buildings shown on the plan have been inspected and the conditions attached to the approval of the Commission have been complied with.

(2) An application for a certificate under subsection (1) shall be granted by the local government and the certificate shall be issued where the local government is satisfied in respect of the matters referred to in that subsection and is also satisfied that —

(a) separate occupation of the proposed lots will not contravene the provisions of any local planning scheme in force under the Planning and Development Act 2005;

(b) any consent or approval required under any such local planning scheme or under the provisions of the last‑mentioned Act relating to any interim development order, has been given in relation to the separate occupation of the proposed lots; and

(c) the development of the parcel as a whole, the building and the proposed subdivision of the parcel into lots for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and to the public interest.

(2a) In satisfying itself in respect of any matter referred to in subsection (1) or (2) a local government shall have regard to such considerations as may be prescribed to be relevant to that matter.

(3) If in the case of an application for a certificate under this section involving the modification of an existing building to a form suitable for a strata scheme a local government is unable to certify as to the matters referred to in subsection (1)(a) because the available records of the local government are insufficient for the purpose, either in respect of inspection of the building or approval of plans and specifications, it shall be taken to be sufficient compliance with that paragraph if the local government certifies that the building shown on the plan has been inspected and the modification is consistent with the building plans and specifications relating to the modification that have been approved by the local government or as a result of a review by the State Administrative Tribunal.

(4) A local government may, either generally or as otherwise provided by the instrument of delegation, by writing under the seal of the local government, delegate to an employee of the local government any of the functions conferred on local governments under this Act, other than the functions so conferred by subsection (3) and section 24.

(5) A certificate given by a local government for the purposes of this Act shall be signed by the chief executive officer of the local government except that, where the local government has delegated the function of giving a certificate to an employee of the local government, the certificate shall be signed by the delegate.

[Section 23 amended by No. 84 of 1994 s. 46; No. 58 of 1995 s. 24; No. 14 of 1996 s. 4; No. 57 of 1997 s. 115(1); No. 55 of 2004 s. 1112; No. 38 of 2005 s. 15.]

24. Preliminary determinations by local government

(1) Upon or at any time after the submission of building plans and specifications in respect of a proposed strata scheme to the local government in accordance with section 374 of the Local Government (Miscellaneous Provisions) Act 1960, an application may be made to the local government by or with the approval of the proprietor for a determination that a building, if constructed in accordance with those plans and specifications, will be, in the opinion of the local government, of sufficient standard to be brought under this Act as a building in a strata scheme.

(2) Upon or at any time after the submission of an application to the local government for approval of the development constituted by a proposed strata scheme in accordance with a local planning scheme or other requirement imposed by law, an application may be made to the local government for a determination that the local government is satisfied that the proposed development will not be contrary to any of the requirements referred to in section 23(2)(a), (b) and (c).

(2a) In making determinations of a kind provided for by this section a local government shall have regard to such considerations as may be prescribed to be relevant to determinations of that kind.

(3) A local government may fix, charge and recover fees to be paid for determinations under this section.

(4) An applicant for a determination under this section shall provide the local government with such information, particulars and details regarding the proposed development, or the building plans and specifications, as the case may require, as the local government may require to enable it to deal with the application.

(5) A determination made by a local government under this section shall be in writing and a favourable determination may be issued subject to conditions relating to the proposed development of the parcel.

(6) A determination under this section shall be valid and binding on the local government for a period of 2 years after it is made unless the local government, at the time of the determination, declares in writing that the determination shall be valid and binding for such period as is specified, being a period greater than 2 years but not exceeding 3 years.

(7) Where a favourable determination has been made by a local government under subsection (1) and the local government having inspected the building is satisfied that the building is constructed in accordance with the plans and specifications referred to in that subsection and that any condition attached to the determination has been complied with, the local government shall grant the certificate required by section 5B(2) or 8A, as the case may require, so long as it is satisfied as to the matters in section 23(1)(c), (d) and (e) and 23(2).

(8) Where a favourable determination has been made by a local government under subsection (2) and the local government is satisfied that any condition attached to the determination has been complied with, the local government shall grant the certificate required so long as it is satisfied as to the matters in section 23(1).

[Section 24 amended by No. 58 of 1995 s. 25; No. 14 of 1996 s. 4; No. 57 of 1997 s. 115(1); No. 55 of 2004 s. 1113; No. 38 of 2005 s. 15.]

25. Certificate of Commission

(1) Subject to this section, every strata plan and every plan of re‑subdivision or consolidation for a strata scheme lodged for registration under this Act shall be accompanied by a certificate of approval given by the Commission unless the proposed subdivision, re‑subdivision or consolidation is exempt from the requirement of such a certificate by reason of regulations made under this section.

(2) The Governor may make regulations providing for the exemption of a proposed subdivision, re‑subdivision or consolidation, or subdivisions, re‑subdivisions or consolidations of any class or description or in any geographical area, from the requirement of a certificate of approval given by the Commission for the purposes of section 5B, 8A or 9.

(3) An application for a certificate under this section shall be made to the Commission in the prescribed form and manner and, where a building is to be constructed or modified for the purposes of the strata scheme or a proposed strata scheme, the application shall be made prior to the construction or modification of the building unless the Commission otherwise agrees in a particular case.

(4) A certificate granted by the Commission under this section shall certify the approval of the Commission to the subdivision, re‑subdivision or consolidation, as the case may be, and shall be in the prescribed form and in the case of an application made prior to construction or modification of a building proposed to be divided into lots under the scheme, the Commission may grant a certificate unconditionally or subject to such conditions as are specified in the certificate.

(5) Without limiting section 25A, sections 135, 136, 146 and 147 of the Planning and Development Act 2005 do not apply to —

(a) a subdivision effected by the registration of a strata plan;

(b) a re‑subdivision effected by a plan of re‑subdivision for a strata scheme;

(d) a transfer converting a lot within a strata scheme to common property.

[(6) repealed]

(7) This section and the giving of a certificate of approval by the Commission for the purposes of this section shall be subject to the requirements of section 78 of the Heritage of Western Australia Act 1990.

(8) No exemption from the requirements of this section shall take effect where the land or any part of the land to which the strata scheme relates is land to which section 78 of the Heritage of Western Australia Act 1990 applies.

[Section 25 amended by No. 97 of 1990 s. 30; No. 84 of 1994 s. 46; No. 58 of 1995 s. 261; No. 55 of 2004 s. 1114; No. 38 of 2005 s. 15.]

25A. Commission to refer plan to other bodies in certain cases

(1) If a strata plan or a plan of re‑subdivision or consolidation for a strata scheme submitted to the Commission for approval under section 25 contains any vacant lot, the Commission shall comply with sections 142, 143 and 144 of the Planning and Development Act 2005, and section 151 of that Act applies, as if the plan were a plan of subdivision which required the approval of the Commission under that Act.

(2) For the purposes of subsection (1) a vacant lot is one that is wholly unimproved apart from having merged improvements within the meaning of that expression in the Valuation of Land Act 1978.

(3) Where subsection (1) applies, a prescribed period shall apply for the purposes of section 27(4) instead of the period of 40 days mentioned in that subsection.

[Section 25A inserted by No. 58 of 1995 s. 27; amended by No. 55 of 2004 s. 1115; No. 38 of 2005 s. 15.]

25B. Subdivision in survey‑strata scheme